ORDER 7.-NOTICE OF INTENTION TO DEFEND.
1. Notice of intention to defend by solicitor or in person. (11/1)
(1) A defendant may give a notice of intention to defend and may defend proceedings by a solicitor or in person.
(2) Where a defendant is a disabled person Sub-rule (1) has effect subject to Order 5 Rules 19 and 20.
(3) Notwithstanding Sub-rule (1), but subject to any Act, a corporation may not give a notice of intention to defend or defend any proceedings except by a solicitor.
2. No step without notice of intention to defend. (11/2)
Subject to these Rules, a person shall not, except by leave of the Court, take any step in any proceedings unless, before taking the step, he has filed originating process in the proceedings or has given a notice of intention to defend in the proceedings.
3. Mode of giving. (11/3)
(1) A notice of intention to defend may be given by filing it in or by posting it to the Registry.
(2) Two or more persons giving a notice of intention to defend by the same solicitor on the same date may do so by a single notice.
(3) The date of giving a notice of intention to defend shall be the date when the notice is received in the Registry.
4. Notice of intention to defend. (11/4)
(1) A notice of intention to defend shall show -
(a) the name, address and occupation of the person giving the notice; and
(b) where the person giving the notice does so by a solicitor-the name, business address and telephone number of the solicitor; and
(c) where the person giving the notice does so by a solicitor and that solicitor has another solicitor as agent for him in the proceedings the name, business address and telephone number of the agent; and
(d) an address for service.
(2) Where any address shown in a notice of intention to defend is not genuine, the plaintiff may, with the leave of the Court, continue the proceedings as if the notice had not been given.
(3) The notice of intention to defend shall be in Form 15.
5. Copies and service. (11/5)
(1) A defendant may, when filing a notice of intention to defend, tender one or two copies of the notice and request that the copies be dealt with in accordance with Sub-rule (3).
(2) A defendant may, when posting a notice of intention to defend to the Registry, send one or two copies of the notice and request that the copies be dealt with in accordance with Sub-rule (3).
(3) Where a notice of intention to defend is received in the Registry together with one or two copies and a request that the copies be dealt with in accordance with this Sub-rule -
(a) the copies shall be marked by the Registrar with the date of receipt of the notice; and
(b) a copy shall be posted by the Registrar to the plaintiff at his address for service; and
(c) the second copy (if any) shall be posted by the Registrar to the defendant at his address for service.
(4) Unless a copy of a notice is tendered with a request for postage in accordance with Sub-rule (3)(b) the defendant shall, on the date of filing the notice, serve a copy of the notice on the plaintiff.
6. Late notice. (11/6)
(1) A defendant may give a notice of intention to defend at any time without leave.
(2) Where a defendant gives a notice after the time limited for doing so, he shall not, unless the Court otherwise orders, be entitled to file a defence or do any other thing later than if he had given a notice of intention to defend within that time.
7. Conditional notice.
(1) The giving of a notice of intention to defend does not constitute a submission to the jurisdiction of the Court.
(2) A defendant shall be entitled, either before giving notice of intention to defend or within 14 days after giving that notice, to serve a notice of motion to set aside the service on him of the writ or of notice of the writ or to discharge the order authorizing the service on the ground that -
(a) the Court has no jurisdiction to determine all or part of the plaintiff's claim; or
(b) the issue or service of the writ was irregular; or
(c) an order giving leave to serve the writ or notice of the writ out of the jurisdiction ought not to have been made; or
(d) the defendant has been served as a partner in a firm of which he was not a partner or liable as such at any material title.
(5) After the service of the notice of motion the plaintiff shall not be entitled to enter judgement in default of defence or take any other step in the action without the leave of the Court.
8. Setting aside originating process, etc. (11/8)
The Court may, on motion made by a defendant under Rule 7, by order -
(a) set aside the originating process; or
(b) set aside the service of the originating process on the defendant; or
(c) declare that the originating process has not been duly served on the defendant; or
(d) discharge any order giving leave to serve the originating process outside Papua New Guinea or confirming service of the originating process outside Papua New Guinea.
9. Objection to file defence not affected.
The filing of a notice of intention to defend under this Order does not relieve the defendant from any obligation under these Rules to file a defence or other pleading.
10. Person not named may defend for land.
Any person not named as a defendant in a writ of summons for the recovery of land may, by leave of the Court, appear and defend on filing an affidavit showing that he is in possession of the land either by himself or his tenant, and the Court may strike out or confine defences set up by persons not in possession by themselves or their tenants.
11. Landlord to appear as such.
Any person appearing to defend an action for the recovery of land as landlord in respect of property of which he is in possession only by his tenant, shall state in his notice of intention that he appears as landlord.
12. Person appearing to be named as defendant.
Where a person not named as defendant in any writ of summons for the recovery of land has obtained leave of the Court to defend, he shall give notice of his intention to defend according to the preceding Rules of this Order, intituled in the action against the party named in the writ as defendant, and shall immediately serve a copy of that notice on the plaintiff's solicitor, or on the plaintiff if he sues in person, and shall in all subsequent proceedings be named as a party defendant to the action.
13. Defence may be limited.
Any person giving notice of intention to defend a writ of summons for the recovery of land may limit his intended defence to a part only of the property mentioned in the writ, describing that part with reasonable certainty in his notice.